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Court ordered a maintenance which i am not able to pay


23-Sep-2023 (In Family Law)
I am married in 2009 hindu arranged marriage. Have a son aged 6. Wife and son staying in her parental house since 2012. Never allowed me to see my son. Filed restitution by me in 2014. She filed for son's maintanence and divorce in 2016. She earns 35000 per month. I earn 12000 per month. Court ordered 5000 per month i am unable to pay such a huge amount what do i do please advice.
Answers (3)

Answer #1
831 votes
First and foremost, if the maintenance is ordered under Domestic Violence Act, then the same can be appealed to the District & Sessions Court.
However, if the maintenance is ordered under section 125 Code of Criminal Procedure, then the remedy is before the Honorable High Court through an RPFC (Revision Petition Family Court).
Answer #2
580 votes
File RPFC Keep proofs of her educational qualifications, job, FD, valuable items, property, bank account, PPF, PF, ITR, PAN, mobile bill or any purchase bill
Concentrate on using your 'unclean hand' and abuse the process of law, and contradictory statements made by your wife.Focus on your liabilities and responsibilities rather than trying to reduce your income.
Answer #3
737 votes
You collect the documentary proof produce before the court to show her source of income and present the same before the court through your advocate and show your monthly expenses with your salary slip to the court and tell your advocate to argue on this basis by filing an I.A.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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